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4
Common Unwritten Law.
"Laws were at present merely oral, or communicated
"from the former ages to the present solely by word
"of mouth. It is true indeed that, in the profound
"ignorance of letters which formerly overspread the
"whole western world, all laws were entirely traditional,
"for this plain reason, that the nations
"among which they prevailed had but little idea
"of writing. Thus the British as well as the Galic
"Druid, committed all their Laws as well as
"learning to memory; and it is said of the primitive
"Saxons here, as well as their brethren
"on the continent, that "Leges solâ memoriâ et
"usu retinebant. But with us at present the monuments
"and evidences of our legal customs are contained
"in the records of the several courts of Justice,
"in books of Reports and judicial decisions,
and in the treatises of learned sages of
"the profession, preserved and handed down to
"us from the times of highest antiquity. However
"I therefore stile these parts of our Law
"Leges non scripta, because their original institution
"and authority are not whi set down in
"writing as Acts of Parliament are, but they
"receive their binding power, and the force of Laws
Identifier: | JB/028/117/004 "JB/" can not be assigned to a declared number type with value 28.
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not numbered |
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028 |
comment on the commentaries |
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117 |
common law |
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004 |
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text sheet |
4 |
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recto |
f1 / b2 / f3 / b4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] propatria [britannia motif]]] |
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9382 |
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